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1. The defendant shall pay to the plaintiff 80,223,160 won and 61,093,780 won among them, 14% per annum from July 12, 2004 to October 11, 2004.
Reasons
1. Determination on the defense prior to the merits
A. Since the Defendant’s assertion was deemed dissolved and terminated as it is in accordance with Article 520-2(1) and (4) of the Commercial Act, the instant lawsuit seeking monetary payment against the extinguished corporation is unlawful.
B. Even a company that is deemed to be dissolved and to have completed its liquidation under Article 520-2(1) through (4) of the Commercial Act, if the legal relationship remains and it is required to be arranged in reality, the company shall continue to exist within the scope of its scope (see, e.g., Supreme Court Order 90Ma672, Apr. 30, 191; Supreme Court Order 90Ma672, May 27, 1994; etc.); and as examined below, the plaintiff is seeking the performance of the lawsuit in this case on the premise of the defendant's monetary obligation, and the monetary obligation is recognized; therefore, even if the defendant is deemed to have been dissolved, it shall continue to exist within the scope of the obligation to the plaintiff, and the defendant's above assertion on the other premise shall not be accepted.
2. In full view of the overall purport of the pleadings, the facts stated in the separate sheet No. 1 and No. 5 as to the merits can be acknowledged.
According to the above facts, the defendant is obligated to pay to the plaintiff 80,223,160 won in total, including subrogated payment and expenses for preserving claims, and 61,093,780 won in subrogation, 14% per annum, which is the agreed rate from July 12, 2004 to October 11, 2004, the agreed rate of 16% per annum from the next day to October 25, 2004, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
The defendant asserts to the effect that since the representative director B was declared bankrupt and exempted from immunity, the debt (or responsibility) against the plaintiff is extinguished, but the bankruptcy and immunity of the defendant representative director B.